Are you seeking spousal support in Edmonton?
Spousal Support Lawyers in Edmonton
SPOUSAL SUPPORT LAWYERS
Spousal Support Advisory Guidelines
Are you seeking a spousal Support lawyer in Edmonton, Alberta?
Laws in Alberta [Canada] aka Spousal Support Advisory Guidelines include the age of both parties, the needs of the parties, the length of the marriage, the contribution each has made to the marriage including looking after children and the home, the value of any benefit of the marriage lost in a divorce, and the mental health of each spouse.
Why Do I Need To Know This?
Family law provides for spousal support. Either by court order or agreement, the SSAG principles along with legal advice (link to contact us) is a good starting point to guide your spousal support decisions.
Once you and your spouse have decided to separate and divorce, the process should be cut and dry, right?
Unfortunately, unless you’re filing for a simple divorce, it can get a little complicated. This is especially the case if one party is required to pay spousal support or child support as part of the settlement arrangements.
You’ve likely heard of child support (link), but what about the other term? Are you unsure what spousal support means or what it entails? That’s why Alberta Law Office is here.
Today, we’re breaking down this concept into manageable parts. We’ll also share information specific to Alberta residents, so you know exactly how to proceed.
What Is Spousal Support In Alberta?
First, let’s begin by answering a simple question: What exactly is spousal support?
In short, this is money paid by one spouse to another after a separation or divorce. In some instances, you might hear it referred to as adult independent support or alimony instead.
It’s important to understand that not every spouse is entitled to support, so therefore not every ex-spouse is required to pay spousal support. There are many factors that go into whether or not a spouse will receive this support, as well as how much support they will receive.
While this post will explain the basics of how this process works, it’s always best to team up with a reputable family lawyer (our link) before moving forward with any decision. This way, you can make sure you’re following all of the right legal steps.
How Do Courts Decide Who Receives Spousal Support?
Canada’s Divorce Act (link to Divorce Act) sets the standards around spousal support orders for married couples.
The number one factor that determines if one spouse must pay spousal support to the other? If a major gap exists between the income of one party and another, the one receiving the lower amount will often be eligible for support. However, this isn’t always the case. Sometimes, for one reason or another, the court will decide that the spouse with the lower income is ineligible for support.
The two factors that can influence this decision include:
If the lower-income spouse has a significant number of assets
If the differences in the two incomes are unrelated to anything that happened during the marriage
Other Factors For Consideration
In addition to financial differences, a judge will also base his or her spousal support ruling on a number of different factors. These include:
The financial requirements of each spouse
How long have you and your spouse been married
What roles do you and your spouse take on during your marriage
If those roles and the dissolution of your marriage affected either spouse’s current financial state
How your children will be cared for (if applicable)
The likelihood of one spouse becoming self-sufficient after receiving support for a period of time
Any other support order or arrangements made about spousal support
In addition, it is to be considered how paying spousal support to the spouse with a lower income will affect that individual. Specific questions that arise include:
Will this support compensate the lower-income spouse for the power to earn income that he or she sacrificed during the marriage?
Will this support be enough for the lower-income spouse enough to cover the ongoing care of the children?
Does the other spouse have the financial means to pay this support if the other spouse requires it?
One factor that does not play into spousal support rulings? If one spouse cheated on the other. Canada has a no-fault divorce rule, which means that infidelity does not make one spouse obligated to provide financial support to another. The same applies to any reason that your marriage ended in divorce.
What determines spousal support in Alberta?
In Alberta, the concept of spousal support is determined by several factors, including the income and earning capacity of the spouse receiving support, whether that spouse has custody or access to children during significant periods of their lives (defined as more than 50% parenting time), and any financial obligations that remain between the spouses following separation.
In addition to meeting these general requirements, a court will also take into consideration any prior marital agreements regarding spousal support. If there are no such agreements in place, then this will be determined based on either standard guidelines or what would be fair and reasonable in light of all relevant circumstances.
How long is spousal support paid in Alberta?
The length of spousal support in Alberta is generally determined by the duration of the marriage, plus any additional time needed to afford full financial and emotional support to both parties. This can range from 6 months up to a maximum of 12 years. If one spouse filing for divorce lives outside of Alberta, then that party may be required to provide proof of financial maintenance if seeking custody or access to children.
Is there a time limit to apply for spousal support in Alberta?
There is no time limit to apply for spousal support in Alberta, but the application process may take longer if there are child or property issues involved. Generally speaking, applications must be filed within 3 years of the date of separation unless a court order has been obtained. If you have any questions about filing for spousal support in Alberta, please contact a lawyer.
What are the 3 main issues that a court considers when determining spousal support?
There are three main issues that a court will consider when determining spousal support, which include: income, expenses, and needs. Additionally, the court may also take into account any prior agreements between the parties regarding financial support.
It is important to remember that each situation is unique and therefore it is important to speak with an attorney who can help you understand your specific case and provide expert advice on how best to secure spousal support.
Contact Our Spousal Support Lawyer At Alberta Law Office Today!
If you are seeking help in filing for spousal support in Alberta, please contact a lawyer at Alberta Law Office. Our team of experienced lawyers can provide expert advice on how to best secure financial and emotional support from your former spouse. We offer a free consultation so please don't hesitate to get in touch!